Regulations for Sale of Fireworks

ARTICLE 4. SALE OF FIREWORKS

5-401. SALE AND PERMITS.

It shall be unlawful for any person to sell, or offer for sale at retail, any fireworks in the City unless such person has first obtained a permit from the City as a retailer. Approval of sales locations and operations shall be determined on the basis of compliance with the following safety standards:

(1) The sales of fireworks, including the dates such sales are allowed, shall be in accordance with the Kansas Fireworks Regulations as administered by the State Fire Marshall, State of Kansas, and other applicable laws of the State of Kansas, including the Kansas Retailers’ Sales Tax Act.

(2) The location of the stand, tent, or its operation shall not create any hazard relating to the movement or circulation of traffic or pedestrians. In no instance shall said stand, tent, or its operation, excluding any public parking area, be located less than fifty (50) feet from the edge of right of way of any public road or street.

(3) The location of the stand, tend, or its operation shall be a least fifty (50) feet from any dwelling or other structure, including any other fireworks stands, and at least ten (10) feet from any adjoining property line. No sales of fireworks shall be allowed within an existing permanent structure already occupied by another use.

(4) A person eighteen (18) years of age or older shall be present to supervise the operation of the stand at all times.

(5) The Chief of Police shall periodically inspect such operations for compliance with the above standards. The Chief of Police shall have the authority to close any stand operation in violation of this article, or in violation of any other license or permit required by law.

5-402. PROCEDURE FOR MAKING APPLICATION.

(1) Applications for each fireworks sales location shall be filed on or before May 1st with the City Clerk’s office on forms prepared by that office. Each application shall be accompanied by a permit fee of Five Hundred Dollard ($500). Applications received after said date shall be returned and no action taken on them.

(2) The Zoning Administrator shall submit each application to the Police Chief for review and recommendation.

(3) By no later than May 15th, the Zoning Administrator shall submit his/her recommendation on each application, together with the report and recommendation of the Chief of Police, to the City Council for its consideration and action.

(4) If an application is not approved by the City Council, the permit fee for that application will be refunded to the applicant.

(5) Applicants may reapply for alternate locations as often as time allows if their applications are disapproved by the City Council on or before May 1st. When an application has been properly filed on of before May 1st, but is disapproved after that date, the applicant may reapply for no more than one (1) alternate site within five (5) days of the date the original application was disapproved. In such cases, the Zoning Administrator and the Chief of Police shall submit their respective reports and recommendations to the City Council within five (5) days of the date the application for said alternate site was filed.

(6) Any permit issued under the provisions of this section shall be valid only for the period of June 27th through and including July 5th of the year in which issued. Persons responsible for the operations of permissible firework stands in which fireworks are stored or handled shall be familiar with safety requirements for the materials being sold, and the appropriate actions necessary in the event of a fire.

5-403 PENALTIES.

Any person who violates any provision of this ordinance regarding the permits for sale and/or sale of fireworks shall be deemed guilty of a misdemeanor crime, and upon conviction or a plea of guilty therefore, may be fined a definite sum of money, not exceeding One Thousand and No/100 Dollars ($1,000.00). (Ord. 712)